narkive

unknown

1970-01-01 00:00:00 UTC

Two treaties were concluded in 1996 at the World Intellectual Property
Organization (WIPO) in Geneva. One, the WIPO Copyright Treaty (WCT), deal=
s
with protection for authors of literary and artistic works, such as
writings and computer programs; ****original databases****; musical works=
;
audiovisual works; works of fine art and photographs. The other, the WIPO
Performances and Phonograms Treaty (WPPT), protects certain "related
rights" (that is, rights related to copyright): in the WPPT, these are
rights of performers and producers of phonograms. [...]

http://www.wipo.int/copyright/en/faq/faqs.htm

You may be right but I suspect that some people could claim "sui

generis"

and that we would only find out in court if they had a case.

Luckily for me, the biggest and most important of the data sets is in
the
US, which doesn't recognize database rights.

I am surprised to hear this. Database works are mentioned in Article 5 =

the
WIPO copyright treaty and the WIPO copyright treaty has been incorporat=

into US law by the WIPO Copyright and Performances and Phonograms Treat=

ies

Implementation Act (part of the infamous dmca). Now I am neither a lawy=

nor
an exprt on us or common law, but from this, I reckoned that databases =

are

protected in the US. Can you give me some reason why you think it is no=

like
this? You may well be right, I am interested in learning.
Btw, for my understanding the compilation of all queries entered into o=

n a

website never forms a database in the sense of the wipo copyright treat=

because it has not been created by somebody deliberately, but by accide=

without a creative intention. So I think such a collection is not
protected
anywhere, for my understanding.
Last thing: If there is no declaration on the BindingDB site that the
query
data are in fact public, I would be very carefull to publish the data.
Apart
from the legal side (where the absence of some sort of license does not
mean
that anything goes, but the contrary, even if many people don't underst=

and

this), I would consider it a gross misuse of the trust users put into a
(scientific) website.
Stefan
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